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NYC Now Requires a “Cooperative Dialogue” for Reasonable Accommodation Requests

Many employers are aware of there needing to be an “interactive process” with an employee to determine whether a reasonable accommodation can be made to allow an employee to continue performing the essential functions of his/her job that does not impose an undue hardship on the employer.  This is required under the Americans with Disabilities

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TOMORROW is the Deadline for NYS Employers to Distribute a Compliant Sexual Harassment Policy

As a reminder to ALL employers in New York State, tomorrow is the deadline to distribute a policy compliant with the NYS sexual harassment law.  If you follow this link, you will be able to locate the Model Sexual Harassment Policy and Complaint Form published by the State.  If you need a WORD version, they are

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The FINAL New York State Sexual Harassment Model Policy and Training Are Out!

On October 1, 2018, a little over one week before the October 9, 2018 effective date, New York State published the FINAL model policy and training for employers and employees to view on the New York State website.  The following documents and information can be found here: Model Sexual Harassment Prevention Policy; Model Complaint Form;

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UPDATE: Sexual Harassment in New York

Updating our prior posts on sexual harassment training (May Blog, August Blog), the posters and fact sheets for employers are now available and should be distributed IMMEDIATELY by all New York City employers as the deadline to do so was September 6, 2018.  The Posters can be found here: English Poster, Spanish Poster; and the Fact

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The NYS Sexual Harassment Policies Are Now Available

On August 24, 2018, the New York State Division of Human Rights (“NYSHRL”) and the New York Department of Labor (“NYSDOL”) issued their long-awaited proposed model anti-sexual harassment policy and model anti-sexual harassment training program, which can be found here.  As set forth in our prior blog, every New York State employer must promptly adopt

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Lawyers – Know Your Judge’s Individual Rules!

In the case of In re Michael Stapleton Assocs. v. Michael Stapleton Assocs., 2018 U.S. Dist. LEXIS 140310 (S.D.N.Y. Aug. 17, 2018), the Court dismissed a plaintiff’s case with prejudice because the plaintiffs failed to follow the Judge’s Individual Practices.  The Judge assigned to this case has a specific rule addressing motions to dismiss, which is

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New York City’s Temporary Work Schedule Law

The laws in New York City keep on changing.  The latest: New York City’s Temporary Schedule Change Law, which went into effect on July 18, 2018. The new law requires employers to provide employees with at least two (2) temporary schedule changes per calendar year – for up to one (1) business day per request

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NYC Adds “Safe Time” to Earned Sick Time Act

Effective June 4, 2018, employers in New York City will officially have additional obligations to follow as it pertains to notifying employees about their rights under the Earned Sick Time Act (the “Act”).  On May 5, 2018, the Act added amendments to provide employees with “safe time” to employees  – or a family member of

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Supreme Court Upholds Arbitration Clauses

Today (May 21, 2018), the United States Supreme Court, in the case of Epic Sys. Corp. v Lewis, held that employers can require – as a condition of employment – that employees waive their rights to participate in class action lawsuits.  As a result, employers can now rely on arbitration provisions in employment contracts and handbooks

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Sexual Harassment – New York Increases Protections to Employees and Non-Employees

Recently, both New York State and New York City made changes to their laws to deal with the pervasive issue of sexual harassment in the workplace.  A number of different laws are being enacted, the highlights of which are provided below. New York State Mandatory Arbitration of Sexual Harassment Claims Prohibited. Effective July 11, 2018,

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